C. C. Walker Grading & Hauling, Inc. v. S. R. F. Management Corp.

HILL, Judge.

Plaintiff first contends that the trial court erred when it allowed defendant to amend her answer to include a defense raised for the first time in a hearing on motion for summary judgment. Five days prior to the hearing of this cause, defendant learned of the fact that plaintiff was not a licensed contractor during the time improvements were made to the farm. The court allowed defendant to amend her answer to include an additional affirmative defense of noncompliance with the licensing requirements of G.S. 87-1.

Failure to be properly licensed is an affirmative defense which…